Submitted: July 19, 2017
Plaintiffs Motion for Summary Judgment:
Forrest, Derwin Forrest, pro se, Defendants.
Melanie J. Thompson, Esquire, Atlantic Law Group, LLC,
Attorney for Plaintiff Federal National, Mortgage
W. WHARTON, J.
2nd day of August 2017, upon consideration of Federal
National Mortgage Association's ("Plaintiff) Motion
for Summary Judgment, Wilma and Derwin Forrest's
("Defendants") Answer to the Complaint and
Settlement Proposal, argument on June 27, 2017, and
Plaintiffs Supplement to the Motion for Summary Judgment, it
appears to the Court that:
October 22, 2017, Defendants executed and delivered a
mortgage securing a promissory note to American Mortgage
Network, Inc. for real property located in Wilmington,
Delaware. American Mortgage Network, Inc., for valuable
consideration, duly assigned its entire interest in the
mortgage to JP Morgan Chase Bank National Association, which
in turn assigned its entire interest to Plaintiff.
Defendants defaulted on the loan by failing to pay the
monthly installments of the mortgage. The mortgage permits
Plaintiff to accelerate the sum secured by the mortgage and
foreclose on the property for the collection of the owed
debt. Defendants were given proper notice and the opportunity
to cure the default, but Defendants failed to do so.
December 9, 2015, Plaintiff filed a scire facias sur
mortgage action against Defendants.
January 8, 2016, Defendants filed an Answer to Plaintiffs
Complaint. Defendants asserted Plaintiff lacked standing to
bring the lawsuit because Plaintiff was not in possession of
the promissory note. Defendants therefore argued the claims
against them must be dismissed.
Mandatory mediation was scheduled for February 17, 2016.
Plaintiffs counsel appeared at the mediation conference, but
Defendants did not.
March 28, 2017, Plaintiff filed a Motion for Summary Judgment
("Motion"). Plaintiff argues that, "[u]nder
Delaware law, the mortgagee's right to foreclose emanates
from the mortgage, not the Note." Accordingly,
Plaintiff argues "[t]he status of the Note is
irrelevant, " and Defendants have failed to plead one of
the limited allowable defenses to a scire facias sur
mortgage action. Also, Plaintiff argues Defendants have
failed to raise any genuine issues of material
April 17, 2017, Defendants submitted a Settlement Proposal,
without any substantive response to Plaintiffs Motion.
Court scheduled oral argument for June 27, 2017. Plaintiffs
counsel appeared before the Court, but Defendants did not.
The Court ordered Plaintiffs counsel to file a supplement to
the Motion to include the promissory note in light of the